Section 1680-06-02-.14 - MOBILE HOMES(1) Applicability. This Rule describes the requirements governing relocation payments to any person displaced from a mobile home or mobile home site who meets the basic eligibility requirements of the Act and these Rules. Except as modified by this Rule, such a displaced person is entitled to a moving expense payment in accordance with Rule 1680-06-02-.10 and a replacement housing payment in accordance with Rule 1680-06-02-.13 to the same extent and subject to the same requirements as persons displaced from other dwellings.
(2) Moving and Related Expenses. (a) General. A homeowner-occupant displaced from a mobile home or mobile home site is entitled to a payment for the cost of moving his or her mobile home on an actual cost basis in accordance with Rule 1680-06-02-.10 (Moving Payments -- Residential Moves). However, if the mobile home is not acquired by the displacing agency, but the homeowner-occupant obtains a replacement housing payment under one of the circumstances described in Paragraph (3) of this Rule, the owner is not eligible for any payment for moving the mobile home, but may be eligible for a payment for moving personal property from the mobile home. A non-occupant owner of a mobile home rented to other persons is eligible for actual cost reimbursement under Rule 1680-06-02-.11 (Moving Payments -- Non-Residential Moves).
(b) Actual Moving Expenses. For mobile homes, the following provisions apply to payments for actual moving expenses under Rule 1680-06-02-.10:
1. A displaced mobile homeowner who moves the mobile home to a replacement site is eligible for the reasonable costs of disassembling, moving and reassembling any attached appurtenances, such as porches, decks, skirting and awnings, that were not acquired by the displacing agency. In addition, the mobile homeowner is eligible for the reasonable costs of anchoring the unit and utility "hook up" charges.2. If a mobile home requires repairs and/or modifications so that it can be moved and/or made decent, safe and sanitary, and the displacing agency determines that it would be economically feasible to incur the additional expense, the reasonable cost of such repairs and/or modifications is reimbursable.3. If a mobile homeowner is displaced from a mobile home park and the displacing agency determines that there are no comparable mobile home parks available that do not require a mobile home park entrance fee, such entrance fee is reimbursable to the extent it does not exceed the fee at a comparable mobile home park. To the extent that any part of an entrance fee (such as a security deposit) is refundable, it shall not be reimbursable. In order to be reimbursed for an entrance fee as provided in this Part, the displaced mobile homeowner must provide the displacing agency with both a lease agreement for the replacement site and a receipt for payment of the entrance fee.(3) Replacement Housing Payment for 90-Day Mobile Homeowner- Occupants. (a) Eligibility. A displaced owner-occupant of a mobile home is entitled to a replacement housing payment, not to exceed $31,000, under Rule 1680-06-02-.13 if:
1. The person both owned the displacement mobile home and occupied it on the displacement site for at least 90 days immediately prior to the initiation of negotiations;2. The person meets the other basic eligibility requirements under Rule 1680-06-02-.13, Subparagraph (1)(a); and3. The displacing agency either:(i) Acquires the mobile home and/or mobile home site as real property; or(ii) If not acquired, the displacing agency determines that the mobile home:(I) Is not and cannot economically be made decent, safe and sanitary,(II) Cannot be relocated without substantial damage or unreasonable cost,(III) Cannot be relocated because there is no available comparable replacement site, or(IV) Cannot be relocated because it does not meet mobile home park entrance requirements.(b) Computation of Payment. If the mobile home is not acquired, the base compensation for the displacement dwelling used for the purpose of computing the cost differential amount, described in Rule 1680-06-02-.13, Subparagraph (1)(c), shall include either the salvage value or the trade-in value of the mobile home, whichever is higher.
(4) Replacement Housing Payments for 90-Day Mobile Home Occupants.(a) Tenants. A displaced tenant of a mobile home is eligible for a replacement housing payment, not to exceed $7,200, under Rule 1680-06-02-.13, Paragraph (2), if:
1. The person actually occupied the displacement mobile home on the displacement site for at least 90 days immediately prior to the initiation of negotiations; and2. The person meets the other basic eligibility requirements under Rule 1680-06-02-.13, Subparagraph (2)(a).(b) Owner-Occupants. A displaced owner-occupant of a mobile home is eligible for a replacement housing payment, not to exceed $7,200, under Rule 1680-06-02-.13, Paragraph (2), if:
1. The person actually occupied the displacement mobile home on the displacement site for at least 90 days immediately prior to the initiation of negotiations;2. The person meets the other basic eligibility requirements under Rule 1680-06-02-.13, Subparagraph (2)(a); and3. The displacing agency either:(i) Acquires the mobile home and/or mobile home site as real property; or (ii) If not acquired, the displacing agency determines that the mobile home:(I) Is not and cannot economically be made decent, safe and sanitary,(II) Cannot be relocated without substantial damage or unreasonable cost,(III) Cannot be relocated because there is no available comparable replacement site, or(IV) Cannot be relocated because it does not meet mobile home park entrance requirements.(5) Additional Rules Governing Relocation Payments to Mobile Home Occupants. (a) Replacement Housing Payment Based On Dwelling and Site. Both the mobile home and mobile home site must be considered when computing a replacement housing payment. For example, a displaced mobile home occupant may have owned the displacement mobile home and rented the site or may have rented the displacement mobile home and owned the site. Also, a person may choose to purchase a replacement mobile home and rent a replacement site, or the person may choose to rent a replacement mobile home and purchase a site. In such cases, the total replacement housing payment shall consist of a payment for a dwelling and a payment for a site, each computed under the applicable paragraph of Rule 1680-06-02-.13 (Replacement Housing Payments). However, the total replacement housing payment under Rule 1680-06-02-.13 shall not exceed the maximum payment (either $31,000 or $7,200) permitted under the paragraph that governs the computation for the dwelling.
(b) Cost of Comparable Replacement Dwelling. 1. In general, when computing the amount of a replacement housing payment for a person displaced from a mobile home, the acquisition cost of a replacement dwelling shall be the reasonable cost of a comparable replacement mobile home. This applies whether the displaced person's actual replacement dwelling is another mobile home or some other dwelling. However, if a comparable mobile home is not available, the replacement housing payment shall be computed on the basis of the reasonable cost of a conventional comparable replacement dwelling.2. If the displacing agency determines that it would be practical to relocate the mobile home but the owner-occupant chooses not to do so, the displacing agency may determine that, for purposes of computing the cost differential under Rule 1680-06-02-.13, Subparagraph (1)(c), the acquisition cost of a comparable replacement dwelling is the sum of:(i) The value of the mobile home,(ii) The cost of any necessary repairs or modifications, and(iii) The estimated cost of moving the mobile home to a replacement site.(c) Initiation of Negotiations. If the mobile home is not actually acquired, but the occupant is considered displaced under this Rule, the initiation of negotiations shall be the date of initiation of negotiations to acquire the land, or, if the land is not acquired, the date that the occupant is provided with written notification that he or she is a displaced person.
(d) Person Moves Mobile Home. If the owner is reimbursed for the cost of moving the mobile home under this Rule, he or she is not eligible to receive a replacement housing payment to assist in purchasing or renting a replacement mobile home. The person may, however, be eligible for assistance in purchasing or renting a replacement site.
(e) Partial Acquisition of Mobile Home Park. The acquisition of a portion of a mobile home park property may leave a remaining part of the property that is not adequate to continue the operation of the park. If the displacing agency determines that a mobile home located on the remaining part of the property must be moved as a direct result of the project, the owner and tenant shall be considered a displaced person who is entitled to relocation payments and other assistance under this Rule.
Tenn. Comp. R. & Regs. 1680-06-02-.14
Original rule filed August 12, 1974; effective September 11, 1974. Repeal and new rule filed October 31, 2002; effective January 14, 2003. Rule has been assigned a new control number from 1680-02-04-.14 filed and effective February 1, 2003. Amendments filed January 12, 2017; effective 4/12/2017.Authority: T.C.A. § 13-11-113.